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Can I collect from the co-signer?

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mikepeterson93

Junior Member
California

We rented a house to two tenants, girl & man. Man was the cosigner for Girl since girl was young and did not have great credit. Both applied for and signed the lease. Man was no longer seeing Girl, and therefore Girl did not pay rent. Man never lived at the house. After filing an eviction, but before completing the eviction, we were able to get Girl to move out of the house.
We have been unable to rent the house until April 1, when the new tenant moves in. Man has good credit and assets and from the research I have done, he must pay the entire rent until it is rented. I want to email him an invoice but I am not sure what to say. What should I include? What law/code can I state? What do I need to do to make sure he is still responsible to pay the rent? How do I collect if he does not pay it?
 


FlyingRon

Senior Member
If the man agreed to be responsible for the payment you can sue him just as if i was the woman herself who owed the money.
 

latigo

Senior Member
California

We rented a house to two tenants, girl & man. Man was the cosigner for Girl since girl was young and did not have great credit. Both applied for and signed the lease. Man was no longer seeing Girl, and therefore Girl did not pay rent. Man never lived at the house. After filing an eviction, but before completing the eviction, we were able to get Girl to move out of the house.
We have been unable to rent the house until April 1, when the new tenant moves in. Man has good credit and assets and from the research I have done, he must pay the entire rent until it is rented. I want to email him an invoice but I am not sure what to say. What should I include? What law/code can I state? What do I need to do to make sure he is still responsible to pay the rent? How do I collect if he does not pay it?
You are making more out of this than is necessary. It's a simple case of the guy contracting to rent the property and pay the stipulated rent. You don't need to cite any "law/code".

And don't confuse your thinking with your term "co-signor" as if his agreement was that he would be responsible for the rent only if his girlfriend failed. He is to be treated as an original tenant, whether he chose to occupy the property or not.

What to do?

Upon the new tenants taking occupancy mail him a written demand (Certified Mail RR) informing him of the amount of arrearages and giving him ten days from the receipt of the letter to pay in full or you will see him in small claims court. Noting that he and the girl are jointly and severally liable. Which means you can sue him separately without the need to join her.

In court have your original lease in hand together with your records of payment.
 

Zigner

Senior Member, Non-Attorney
And don't confuse your thinking with your term "co-signor" as if his agreement was that he would be responsible for the rent only if his girlfriend failed. He is to be treated as an original tenant, whether he chose to occupy the property or not.
While I agree with the main point of your post (go after either/both parties), it's entirely possible that the guy was listed as a non-occupant co-signer in the lease.
 

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